Charan Singh vs State Of U.P. And Another
2023 Latest Caselaw 17153 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:138204
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 39846 of 2018
 

 
Applicant :- Charan Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sushmita Raghav,Akhilesh Kumar Khare,Niraj Kushwaha,Vikash Chandra Tiwari
 
Counsel for Opposite Party :- G.A.,Narendra Kumar Bhadana,R.C.Kushwaha
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicant, learned AGA and Sri Sanjay Kumar Dwivedi, Advocate holding brief of Sri Narendra Kumar Bhadana, learned counsel for the opposite party no.2.

The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 3.5.2015, Cognizance order dated 5.6.2015 and Non-Bailable Warrant order dated 12.9.2016 and entire proceeding of Case No.4812/9 of 2015 (State vs. Charan Singh) arising out of Case Crime No. 320-A of 2014, under Sections 420, 467, 468 & 471 IPC, Police Station- Khatauli, District- Muzzafar Nagar pending in the Court of Chief Judicial Magistrate, Muzzafar Nagar.

Learned counsel for the applicant submitted that applicant no.1 and opposite party no.2 are sister-in-law and brother-in-law. He next submitted that under some misunderstanding, FIR has been lodged. He further submitted that now compromise has been taken place between the parties and application for compromise dated 30.1.2023 was also filed before the trial Court below by the opposite party no. 2. It is further submitted that in the present matter, short counter affidavit has also been filed by opposite party no.2 with the specific averment that compromise has been entered between the parties. It is lastly submitted that in light of compromise as well as short counter affidavit filed by opposite party no. 2, present proceeding may be quashed.

Sri Sanjay Kumar Dwivedi, Advocate holding brief of Sri Narendra Kumar Bhadana, learned counsel for the opposite party no.2 has filed short counter affidavit and supported the case of the applicant. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he has no objection.

In view of above, the applicant and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another) & State of M.P. Vs. Laxmi Narayan and others reported in 2019 LawSuit (SC) 484, the proceedings of the aforesaid case is hereby quashed.

The present application is, accordingly allowed. No order as to costs.

Order Date :- 12.7.2023

Junaid